Post by Anja Nieser on Oct 1, 2006 5:19:02 GMT -5
Murder suspect faces death penalty
Deputy County Attorney Josh Ackerman told Mohave County Superior Court
Judge Robert Moon on Monday that the prosecution has decided to seek the
death penalty against Brad Lee Nelson on a charge of first-degree murder.
Nelson, 35, of Golden Valley is charged with the death of his 14-year-old
niece, Amber Leann Graff, at a motel in the 3200 block of E. Andy Devine
Avenue.
This is the first time since 1999 the Mohave County Attorney's Office has
decided to seek capital punishment for a crime in the county.
Ackerman said the defendant molested the victim before committing the
murder, both serious felony offenses.
The defendant is also accused of committing the offense in an especially
heinous, cruel or depraved manner, which prosecutors consider as serious
aggravators, Ackerman said.
The defendant was an adult at the time the offense was committed, and the
murdered person was under 15 years of age. Crimes against juveniles are
always regarded as serious aggravators in the state of Arizona, Ackerman
said.
Prosecutors also claimed the offense was committed in a cold, calculated
manner without presence of moral or legal justification.
"From our reading of the facts, Nelson was buying a murder weapon at about
an hour before she was killed. He was clearly, we think, planning to do
this," Ackerman said.
After prosecutors submitted their decision to seek the death penalty to
the court, 2 defense attorneys, Lee Novak and Rick Williams, were
appointed by Moon as co-defense attorneys for Nelson. State laws requires
a defendant to be represented by at least two attorneys when he or she
faces the death penalty.
Novak, who has represented Nelson since his arraignment, told Moon he
needed more time to prepare for the case because most of his preparation
so far had been done under the assumption that the death penalty would not
be sought.
Moon initially asked Ackerman to make the decision as to whether to seek
the death penalty within 30 days, but under Ackerman's request, the
deadline was extended to 60 days.
Ackerman said he had studied all the evidence prosecutors had in the past
2 months and consulted colleagues in the office before reaching the final
decision. Chief Deputy County Attorney Jace Zack authorized his decision.
"The whole office is automatically there to back you up. It's never
totally on your own," Ackerman said.
Police reports said Graff and her 13-year-old brother had been left in the
care of Nelson in June while her mother was hospitalized at Kingman
Regional Medical Center. Graff was later found dead in a motel room,
apparently molested before her death.
An autopsy performed on the victim by the Mohave County medical examiner
determined the girl died of multiple blunt force trauma to the head.
(source: Kingman Daily Miner)
Deputy County Attorney Josh Ackerman told Mohave County Superior Court
Judge Robert Moon on Monday that the prosecution has decided to seek the
death penalty against Brad Lee Nelson on a charge of first-degree murder.
Nelson, 35, of Golden Valley is charged with the death of his 14-year-old
niece, Amber Leann Graff, at a motel in the 3200 block of E. Andy Devine
Avenue.
This is the first time since 1999 the Mohave County Attorney's Office has
decided to seek capital punishment for a crime in the county.
Ackerman said the defendant molested the victim before committing the
murder, both serious felony offenses.
The defendant is also accused of committing the offense in an especially
heinous, cruel or depraved manner, which prosecutors consider as serious
aggravators, Ackerman said.
The defendant was an adult at the time the offense was committed, and the
murdered person was under 15 years of age. Crimes against juveniles are
always regarded as serious aggravators in the state of Arizona, Ackerman
said.
Prosecutors also claimed the offense was committed in a cold, calculated
manner without presence of moral or legal justification.
"From our reading of the facts, Nelson was buying a murder weapon at about
an hour before she was killed. He was clearly, we think, planning to do
this," Ackerman said.
After prosecutors submitted their decision to seek the death penalty to
the court, 2 defense attorneys, Lee Novak and Rick Williams, were
appointed by Moon as co-defense attorneys for Nelson. State laws requires
a defendant to be represented by at least two attorneys when he or she
faces the death penalty.
Novak, who has represented Nelson since his arraignment, told Moon he
needed more time to prepare for the case because most of his preparation
so far had been done under the assumption that the death penalty would not
be sought.
Moon initially asked Ackerman to make the decision as to whether to seek
the death penalty within 30 days, but under Ackerman's request, the
deadline was extended to 60 days.
Ackerman said he had studied all the evidence prosecutors had in the past
2 months and consulted colleagues in the office before reaching the final
decision. Chief Deputy County Attorney Jace Zack authorized his decision.
"The whole office is automatically there to back you up. It's never
totally on your own," Ackerman said.
Police reports said Graff and her 13-year-old brother had been left in the
care of Nelson in June while her mother was hospitalized at Kingman
Regional Medical Center. Graff was later found dead in a motel room,
apparently molested before her death.
An autopsy performed on the victim by the Mohave County medical examiner
determined the girl died of multiple blunt force trauma to the head.
(source: Kingman Daily Miner)